|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 24, 2021||referred to environmental conservation|
senate Bill S5116
Current Bill Status - In Senate Committee Environmental Conservation Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5116 (ACTIVE) - Details
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Rpld §24-0301 subs 1 - 5, amd En Con L, generally
S5116 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5116 SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the environmental conservation law, in relation to freshwater wetlands; and to repeal certain provisions of such law relat- ing thereto PURPOSE: Relates to freshwater wetlands; repealer SUMMARY OF PROVISIONS: Section 1 amends § 24-0105 of the Environmental Conservation Law (ECL) to revise and add to the list of benefits derived from Wetlands. Section 2 amends § 24-0107 of the ECL to amend the definition of "fresh- water wetlands" to include wetlands that have an area of at least twelve and four-tenths acres or, if less than twelve and four-tenths acres in size, are of unusual importance. The term "unusual importance" is defined under subdivision two of § 24-0107 of the ECL. Additionally, Subdivision two of § 24-0107 of the ECL states that DEC's "freshwater
S5116 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5116 2021-2022 Regular Sessions I N S E N A T E February 24, 2021 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to freshwater wetlands; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2, 3 and 7 of section 24-0105 of the environ- mental conservation law, as added by chapter 614 of the laws of 1975, subdivision 7 as renumbered by chapter 654 of the laws of 1977, are amended to read as follows: 2. Considerable acreage of freshwater wetlands in the state of New York has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other [acts] ACTIVITIES inconsistent with the natural uses of such areas. [Other freshwater] FRESHWATER wetlands are in jeopardy of being lost, despoiled or impaired by such [unrelated acts] ACTIVITIES AND BECAUSE OF THE RECENT CURTAILMENT OF FEDERAL WETLAND PROTECTIONS. 3. Recurrent flooding aggravated or caused by the loss of freshwater wetlands has serious effects upon natural ecosystems. THE INCREASING SEVERITY AND DURATION OF STORM-RELATED FLOODING DUE TO CLIMATE CHANGE, WHICH HAS CAUSED BILLIONS OF DOLLARS OF PROPERTY DAMAGE IN THE STATE, MAKES PROTECTION OF ALL FRESHWATER WETLANDS IN THE STATE OF VITAL IMPOR- TANCE. 7. Any loss of freshwater wetlands deprives the people of the state of some or all of the many and multiple benefits to be derived from wetlands, to wit: (a) flood and storm control by the hydrologic absorption and storage capacity of freshwater wetlands; (b) wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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